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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 21, 2005, the Seoul Central District Court (2005Gahap4296) rendered a judgment to the Plaintiff on July 21, 2005 that the Plaintiff shall pay 141,274,235 won and 139,554,95 won among the above money and 139,595 won per annum from June 23, 2004 to July 12, 2005, and 20% per annum from the next day to the day of full payment. The above judgment exceeded the appeal period and became final and conclusive on August 20, 2005.
(B) The Plaintiff’s claim against B based on the above judgment (hereinafter “instant preserved claim”).
On the other hand, the registration of ownership transfer was completed on March 10, 201 by the defendant, who is the legal spouse of B, as to the real estate listed in the attached list, which was owned by C (hereinafter “instant real estate”).
【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, and 2, the purport of the whole pleadings and arguments
2. Determination
A. The gist of the Plaintiff’s assertion is 1). On March 10, 201, the Plaintiff purchased the instant real estate from C on March 10, 201, and subsequently, the Defendant, the wife, was the title trust. The Plaintiff cancelled the instant title trust agreement by subrogation of the Plaintiff, an insolvent, in order to preserve the preserved claim of the instant case, by serving a copy of the instant complaint on behalf of the Plaintiff, and on this ground, seek cancellation of the instant registration. 2) Preliminaryly, the property acquired in the marital community is presumed to be the co-ownership of the husband and wife in principle. Since the ownership of 1/2 shares in the instant real estate was owned by the Defendant, the Plaintiff, on behalf of B, terminated the title trust agreement on the said shares
B. We examined the judgment of the first claim as to the cause of the claim, Gap evidence Nos. 1-1, 2, and 2, and the fact inquiry result of the court of this case, Eul acquired the real estate of this case for the purpose of substantially owning it.
or on the premise of this, the above immovables.